Rough sleepers have been ordered to leave a site in Devon after the local council took legal action following an unsanctioned firework night.

A protest formed by those who live at the site in Seven Brethren, Barnstaple, supporters and charity workers took place today outside the court while they waited to hear the result of the court case.

The case of North Devon Council v unknown (the rough sleepers) was held at Barnstaple County Court today (Wednesday, November 15). Judge John Stockdale presided, Trevor Blatchford represented North Devon Council for the prosecution, and Nat Hyland, who currently lives at the site, represented himself and others who use the site both transitorily and permanently.

Peaceful protest in Barnstaple

Mr Blatchford asked the judge for a possession order in relation to the land at Seven Brethren, Barnstaple, which the district council owns.

Mr Blatchford said: “There are a number of homeless tent dwellers who have been camping on the area between the recycling centre and the Tarka Tennis playing fields. It was discovered those dwellers were planning, with the assistance of charity Survival Bags Home and Away, an unauthorised firework night on November 5, 2017.

“The council was concerned about this because the site is close to the railway line and the A361 main road. Six years ago a very serious road traffic accident occurred on the M5 due to a firework display. I’m not comparing the two events but that is the reason for the council’s concern. As landowner they would be liable for any problems that had occurred.”

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On October 31, 2017, the district council became aware of the plan to hold the event. Ken Miles, head of corporate and community at North Devon Council, spoke to a person involved in the organisation of the event and he advised it should not take place.

On November 3, 2017, Colin Webster, security consultant with Vanguard Security Services who assists the council, Mr Miles and PC Dawe visited the site and left a notice in one tent saying NDC did not approve the event to take place because of health and safety concerns. Other notices were posted around the site. The council noted that at the last count there were nine tents on the land but they were not sure if every tent was occupied.

On November 5, 2017, Mr Webster said he witnessed fires and fireworks at the site for a number of hours. The fire service attended but did not need to put out any fires.

The protesters added their captions in chalk

Mr Blatchford said: “Because of this unauthorised event the council feels a possession order of its land on Seven Brethren needs to be put in place. This has been discussed at high levels within the council, it’s not just the decision of one officer.”

Judge Stockdale asked Mr Blatchford whether the council still desired the people on the site be moved considering the event had “come and gone” and Mr Blatchford said that was the case.

Mr Hyland was then given an opportunity to speak to the court. He said he cannot give an exact number on the amount of people using the site, but said on average three or four people use it each week. At this point three people are living there permanently, including Mr Hyland.

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He said: “I’ve been there for six months now and about 35 people have lived there over that time who I have helped. There was a big group of us over by Asda before and a council officer, Tash Rowland, and a police officer said we needed to move within five days. I said ‘where do you want us to go’, they said ‘behind Tarka Tennis in Seven Brethren’. In my opinion I have been granted consent to be there so I don’t know why they are saying I’m trespassing. There has never been an issue up to now.

“The purpose of the bonfire night was to raise awareness for the homeless and to raise money for the charity who has been helping us. They told me I am not allowed open fires because of the methane at the site so I bought three incinerators and haven’t had any more open fires. We cancelled the fundraiser because that is what they asked so we had a private gathering. We had fireworks but they were not let off on council land. It’s no different to everyone else who lets off fireworks.

“I have been told that the council does not want to remove me anyway. They want this possession order to go through but they have no interest in actually pursuing that to evict me from that property. We will be left on a string with no security at all. I am trying to give the homeless some security and some safety to make them feel at home. All I want is a little bit of land even if it’s on a methane site.

Mark Cann joined the peaceful protest

“I accept maybe we did wrong for having a firework display but the point was to give back to people who have given to us. I have always tried to work with the council on this. The public say it’s the cleanest site they have ever seen. I am not doing this for myself, I am doing this for other people to keep them safe. I am standing for the homeless people of Barnstaple. I think you understand and have compassion for what I am trying to do and I’ll keep fighting until the end.”

Mr Blatchford explained to the judge that up to this point the council had “tolerated” the rough sleepers at the Seven Brethren site but said there had been no formal allowance. He added: “It’s similar to the caravan travellers who also come to that area. They are tolerated until they move on, but at some point it becomes inappropriate. The period of tolerance has ended.”

Judge Stockland summarised the evidence and gave his verdict, stating it seemed the council had brought the case purely based on the unsanctioned firework night.

He said: “Mr Hyland has spoken very articulately on behalf of the persons unknown who he represents. The council want the land back specifically because of the fact on November 5 a firework display took place on this land which the council had deliberately attempted to prevent both verbally and in writing. The council’s intention quite plainly was the event should not take place. Despite that it went ahead.

“I do understand it went ahead with good intentions to raise money for the charity. Nevertheless it did go ahead against the council’s notice and in defiance of them, I suppose. I recognise he took precautions and the fire service attended and saw fit to allow the fires to continue to burn.

“It is that event alone it seems which has brought this case about today and it’s very unfortunate that such an event which should be one to enjoy and one to benefit from has had a serious effect on these people at this site. I have the greatest sympathy for the people in that situation.

North Devon Council put up signs on the estate asking camp members to cancel their event.

“If the council sees fit to take the land back, which they own, then I can see no grounds on which to resist the making of an order for possession. The council has decided enough is enough. The legal position is one which the court must uphold.

“I would like to give the defendant some limited time to find somewhere else to go. I appreciate how difficult that is going to be. I will make an order of possession which will take place in 14 days. What the council does with that order is a matter for them.”

Mark Cann, chairman of North Devon Labour Party, has been supporting the rough sleepers at Seven Brethren, and joined the protest outside Barnstaple County Court today. He was disappointed by the decision to grant the possession order.

Mark Cann

He said: “Fourteen days gives them a window of opportunity and hopefully the council will be true to their word that the council has no intention of enforcing the order. I hope people don’t think this means that in 14 days the site will be cleared. This is just the beginning of the process.

“We have to let the good people on the council do their jobs and help these people. It would have been better for them to have been able to do that without the threat of a court order.”

On November 13, Councillor Des Brailey, leader of North Devon Council, issued a statement which was read aloud in court.

Councillor Des Brailey

He said: “Our rough sleeper team has frequent contact with the homeless community. We are continuing to work with them to try to support them. Our team works really hard to help rough sleepers and we provide supported accommodation at Boyton House.

“A possession order would enable us to take back the land. It’s not the case we do not care for these individuals, we are working hard to support them.”

Speaking after the hearing, Mr Hyland said: "We've lost the battle but we haven't lost the war."

The protestors have said their next step is to contact the council this afternoon to ask for an appointment so that they can meet with them to discuss this fully.